WELCOME TO THE OFFICIAL RICHARD E GERSTEIN JUSTICE BUILDING BLOG. THIS BLOG IS DEDICATED TO JUSTICE BUILDING RUMOR, HUMOR, AND A DISCUSSION ABOUT AND BETWEEN THE JUDGES, LAWYERS AND THE DEDICATED SUPPORT STAFF, CLERKS, COURT REPORTERS, AND CORRECTIONAL OFFICERS WHO LABOR IN THE WORLD OF MIAMI'S CRIMINAL JUSTICE. THIS BLOG HAS BEEN CALLED "THE DEFINITIVE BLOG ON MIAMI CRIMINAL LAW" BY THE NY TIMES, THE WASHINGTON POST, THE POPE, AND DONALD TRUMP WHO ALSO ONCE SAID IT WAS "REALLY GREAT". POST YOUR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM

Wednesday, January 28, 2009

3rd DCA ROUNDUP

This from the comments section:

It is with a heavy heart I must report the passing of another colleague. Michael Glickstien passed away this past evening. Many will remember him as an APD here in Dade. He was an engineer, cook, and an avid poker player. Lately he was practicing at the Office of the Public Defender in Broward. He was a good person, he had a big heart, and he was my friend. Funeral services will be held graveside tomorrow at 1:30PM at:Beth David Memorial Gardens3201 NW 72nd AveHollywood, FL 33024(954) 963-2400‎

COUNTY COURT JUDGES BATTLE FOR PARKING SPOTS.....BELOW.

Continuing our new year's resolution (Rumpole's motto: Keeping resolutions for at least a month) we return to the 3rd DCA website to see what's new in criminal law.

Smith v. State: Everything you wanted to know about the standards for objecting to a preemptory challenge, but were afraid to ask. Judge Rothenberg answers those questions and more. But we like the opinion for the trial judge's comment about the state of appellate opinions on preemptory challenges:

COURT: I suppose there is - - anybody qualifies under our present

great, deeply thought out appellate decisions.

And just who was this trial judge that didn't gave a damn what he said about the 3rd DCA? We won't make you read the opinion. Anyone? Bueller? Anyone?

It was TOM CARNEY!!! They don't make judges like him anymore. We miss him and hope he is enjoying his golfing retirement in North Carolina.

Note to the 3rd DCA Webmaster (again) : you are still putting PCA opinions in the opinions section and not the PCA section. Come on! How hard is it to run the 3rd DCA's website? Get with the program will ya?

Well, that's our second edition of 3rd DCA roundup. Stay tuned for more important stuff, like Rumpole's super bowl locks. We've already posted that "Tails" on the coin flip is a done deal. We called it last year, and as you will see, we've done it again.

PARKING PROBLEMS.... of a different sort. Our robed readers apparently have their own parking problems as Judge Anthony Arzola found out this week as his REGJB parking spot was appropriated by Judge Pooler who, carrying the mantle of seniority, arrived for another tour of duty in the Justice Building. Judge Pooler was apparently assigned Judge Arzola's parking spot and was not pleased when she arrived to find a car in her spot. Learning it was Judge Arzola's vehicle, she burst into his courtroom this week, bright blue robes flowing, and casually mentioned that perhaps letting the air out of his tires AND keying his car was a bit much. Judge Arzola, who went through his own much discussed "parking wars" with Judge Joe Fernandez last year (it was not unusual for the prankster judges to place items on each others cars, or have building maintenance put objects blocking the other judge's car in) now has a Judge of a different coloured robe to deal with.

No shrinking violet she, Judge Pooler has arrived back in the REGJB, and she wants everybody to know it.

More county court stuff- Judge Norma Lindsey to Civil, Judge Fred Seraphin to Judge Lindsey's division, Judge Pooler to Judge Seraphin's division. And so it goes....

19 comments:

Anonymous
said...

Rump,

About the Third DCA Webmaster and PCA opinions. If an opinion is per curiam affirmed and it has a citation, then it is technically not a PCA, but a PCA with a citation. Only difference is a PCA with citation opinion can be reviewed in the Fla. Supreme Court if the cited decision is pending review in the court.

Rump if you're going to invoke a line from Ferris Bueller's Day Off, how about invoking SNL's Coffee Clutch? Let's Taw-lk.

First, the Smith case. It's like budder. But what were the charges? Forgedabout the analysis, isn't someone being a victim of a crime usually a race neutral reason? Was the charge burglary? Did the juror say he would/would not hold it against the police investigation? Oy vey, so many issues as to why the judge found that not a genuine reason. Let's discuss...Maybe Judge Carney thought the defense wasgrabbing at breakable straws-given the police were against them-but no one knows from that opinion.

Now to parking. Tina Fey would just smile, wink and say: "gotcha! betcha!" Puleese. Judges Pooler, Arozola and Fernandez are all good people. Who are your writers/sources? Rejects from SNL auditions? Get Lorne Michaels on the phone. If this is true, there should be a skit Saturday night. (don't drink too much Chateau Miami River or you'll miss it.)

It is with a heavy heart I must report the passing of another colleague. Michael Glickstien passed away this past evening. Many will remember him as an APD here in Dade. He was an engineer, cook, and an avid poker player. Lately he was practicing at the Office of the Public Defender in Broward. He was a good person, he had a big heart, and he was my friend. Funeral services will be held graveside tomorrow at 1:30PM at:Beth David Memorial Gardens3201 NW 72nd AveHollywood, FL 33024(954) 963-2400‎

The Smith case presided over by Judge Carney actually makes the strong case that court reporters' fallibilities can result in injustice. In the exchange quoted by the opinion, there was a negative omitted from the transcript which was never made part of the record simply because the court reporter did not hear the word "not" when defense counsel objected to the designation of a white german-american as a member of a cognizable minority group, as in "Mr. x is "not" a member of a distinct minority group, which should have been obvious by the context of the exchange. However, because the court reporter did not hear the word "not", it was not made part of the record, and the peremptory analysis, instead of stopping there, makes it look like defense counsel assented to Judge Carney's sua sponte designation of this german american as a minority group, and the inquiry as to race neutrality and genuineness which followed therefrom. It makes a strong case for having secondary audio recordings of judicial proceedings when court reporters' "infallible" transcripts do not match what was actually said in court.